Back / lumbar spine decisions — 2024

The Veteran's appeals for increased ratings and service connection claims are being remanded due to the need for additional medical records and examinations.,The Board will consider all of the Veteran's current manifestations of his conditions during the entire period on appeal.

The Board has remanded the Veteran's claims for additional development due to incomplete medical records and the need for retrospective opinions regarding the severity of his service-connected shoulder degenerative arthritis, back condition, and knee conditions.

The Board has remanded the claims for left ear hearing loss, tinnitus, and back disability due to new evidence submitted by the Veteran. The appeal is also referred to the AOJ for adjudication of a claim for service connection for right ear hearing loss.

The Board has decided to remand the case due to lack of substantial compliance with previous remand directives and requires an addendum opinion from a clinician regarding whether the Veteran's current low back disability is related to his active service.

The Board remands the matters of entitlement to a disability rating in excess of 20 percent for degenerative arthritis of the lumbar spine and entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, as additional evidence is needed.

The Board has granted service connection for degenerative arthritis of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy as they are considered to be a result of the Veteran's in-service back disability.

The Board granted service connection for hypertension and assigned a 60 percent initial rating effective August 7, 2015, for GERD with gastritis. The other claims were denied.

The Board has granted service connection for cervical and thoracolumbar spine conditions, but denied service connection for a left hip condition.,Service connection is granted for the Veteran's cervical and thoracolumbar spine conditions as they are considered to be directly related to his active-duty service.

The appeal for service connection of a low back disability is dismissed due to the Veteran's death.

The Board denied an initial disability rating greater than 40 percent for the Veteran's back condition but granted a TDIU on an extra-schedular basis from May 11, 2018, and special monthly compensation based on aid and attendance status.

The Board remands the claim for service connection for lumbar spine degenerative disc disease to obtain a new VA nexus opinion that complies with previous remand instructions.

The Veteran's cervical spine disability is granted a 30 percent rating prior to May 5, 2021 and denied any higher rating thereafter. The lumbar spine disability is granted a 40 percent rating since May 5, 2021 and denied any higher rating.

The Board has remanded the claims for increased ratings and TDIU prior to July 7, 2014 due to insufficient development of evidence.

The Veteran's claims for increased disability ratings for his back and knee disabilities are remanded due to the need for clarification on whether he has had 'functional ankylosis' in either his back or left knee disabilities throughout the appeal period.

The Board remands the Veteran's claims for service connection and TDIU back to the RO for further development, including obtaining specialized records requests with a special issue indicator.

The Board has decided to remand the case due to deficiencies in the development of evidence and notification. The Veteran's claim for service connection for a lumbar spine disability will be returned to the RO for further action.

The veteran withdrew his appeal for all issues on appeal, and the Board has no jurisdiction to review the appeal.

The Board has determined that there have been substantial compliance issues with the previous remand directives and thus, the claims are being returned to the RO for additional development.

The Veteran's service connection for sleep apnea, including as secondary to his service-connected disabilities of degenerative disc disease, lumbar spine with spinal fusion and bilateral knee degenerative arthritis, is denied because the evidence does not support a finding that obesity (an intermediate step) was caused or aggravated by these service-connected conditions.

The Board has remanded the service connection claim for a lumbar spine disability due to an in-service fall, as there is insufficient evidence to determine if the current condition is related to service. The Veteran's lay statements and medical records support his contention that his back issues began during service.